Another call for debates, with first AG debate tomorrow

Building on Assemblyman Richard Brodsky’s call yesterday for debates among the five Democrats vying to be attorney general, Sen. Eric Schneiderman is specifically calling on Nassau County District Attorney Kathleen Rice to debate the merits of Rockefeller Drug Law reforms with him.

Schneiderman helped draft a 2009 restructuring of the laws that allowed low-level drug offenders to be diverted into treatment programs rather than prison, a move which Rice has said she supported, despite a letter she sent to Sen. Charles Fuschillo expressing “deep concerns” about the bill.

Rice will not be present tomorrow for a debate in Tymor Park, Dutchess County. The other four candidates for the office — Brodsky, Schneiderman, Eric Dinallo and Sean Coffey — are expected to participate. A Rice aide said she has a longstanding rally in Suffolk County to attend.

The text of Schneiderman’s letter is below.

UPDATE: The Rice campaign issued this statement, which Schneiderman’s camp interpreted as acceptance.

District Attorney Rice supported the reforms and she looks forward to continuing to discuss their shared beliefs on jail diversion for non-violent, drug-addicted defendants on the campaign trail. As state Senator Schneiderman knows, District Attorney Rice was implementing and utilizing treatment as an alternative to incarceration long before the legislature passed these reforms. The DA looks forward to discussing this issue and the differences between her career of legal advocacy and Senator Schneiderman’s time in the state senate. I think people see this distortion of the District Attorney’s record for exactly what it is: a desperate political attack. Only an out-of-touch career politician would pull a campaign stunt instead of working on the budget on the eve of a potential government shutdown. This is exactly the type of Albany dysfunction that New Yorkers are so fed up with.

Dear District Attorney Rice,

I was pleased to learn that you agreed yesterday to a series of debates across the state so that we may engage in an honest discussion about our records and visions for the office of Attorney General.

I am following up on that agreement to specifically propose that one of those debates be focused on the issue of Rockefeller Drug Law reform, given our divergent positions on the issue.

As a lifelong progressive Democrat, I was the lead sponsor of the Rockefeller Drug Law reforms that gave judges the final say on sentencing decisions, and have spent my career fighting for smart-on-crime policies that keep our streets safe and our communities whole. As you know, you lobbied Senate Republicans to oppose the reforms.

You have stated publicly, as recently as last month, your opposition to the central provision of the Rockefeller Drug Law reforms: giving judges discretion in sentencing so that they are not required to impose prison terms for first-time, non-violent felony drug offenders. Before our reforms were passed, the laws allowed prosecutors to unilaterally decide who went to prison and who got treatment.

For decades, these laws devastated communities of color across New York City and the State. Studies have shown that despite the fact that the majority of people who use and sell drugs in this State are white, over 90% of those in New York prisons for drug offenses are black and Latino. Giving judges discretion in sentencing is the heart of the Rockefeller Drug Law reforms.

Opposing this key reform, your campaign issued a statement saying in part, “the District Attorney often knows the most about a defendant’s background and is in a unique position to represent the community in determining which defendants receive treatment and which for-profit drug dealers go to jail.”

This is an honest disagreement on policy, and I believe a debate will serve the public well. I am sending this letter to you in particular because of our public disagreement on the issue. Once you agree to such a debate, I will then follow up with our other colleagues in the race.

I hope you’ll accept this offer to have a debate moderated by a third party where we can engage in a respectful and honest discussion of the merits of our positions as they relate to Rockefeller Drug Law reform. I look forward to defending the historic reforms we enacted last year and giving you the opportunity to explain why you continue to oppose them.